HomeMy WebLinkAbout860166.tiff RESOLUTION
RE: USE OF COUNTY BORROW PITS ALONG WELD COUNTY ROADS FOR
IRRIGATION RUNOFF AND OTHER USES
WHEREAS , the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority to control the use and
maintenance of Weld County roads and right-of-ways, and
WHEREAS , to this date, persons in Weld County have used
borrow pits along Weld County roads for irrigation runoff and
other uses , with the express or implied consent of the Board of
County Commissioners of Weld County, Colorado, said uses being of
benefit to said users, and
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, wishes to encourage said uses and to allow said uses to
continue as long as the terms and conditions stated below are met.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that persons in Weld
County who are currently using borrow pits along Weld County Roads
for irrigation runoff and other uses, whether the consent to such
uses was originally given expressly or implied, may continue such
uses as long as the following conditions are met:
a. That said persons must prevent said irrigation runoff or
other uses from causing silt, other sediment, or weeds
to accumulate in the borrow pits so that proper drainage
is inhibited.
b. That said persons must prevent the blockage of said
borrow pits and must not alter the direction or rate of
flow in any manner in the borrow pits.
c. That said persons must prevent said irrigation runoff
and other uses from causing damage to Weld County Roads.
BE IT FURTHER RESOLVED that if the Board of County
Commissioners of Weld County, Colorado, determines that said users
are violating the above-stated conditions, the Board may consider
the revocation of its prior consent, whether express or implied,
and require , as a condition of any new consent, that said users
enter into written agreements with Weld County, whereby said users
promise to clean silt, other sediment, and weeds from the borrow
pits for the purpose of facilitating proper drainage, and to make
sure that the same is not deposited upon Weld County Roads.
860166
Page 2
RE: USE OF COUNTY BORROW PITS
BE IT FURTHER RESOLVED that said new consent by the Board of
County Commissioners of Weld County, Colorado, is contingent upon
compliance with all terms and conditions of said agreements.
BE IT FURTHER RESOLVED that the Board of County Commissioners
of Weld County, Colorado, will take an affirmative role in the
coordination and establishment of said agreements after said new
consent is given.
BE IT FURTHER RESOLVED that the Board of County Commissioners
of Weld County, Colorado, reserves its right to revoke said prior
consent or said new consent, whether express or implied, at
anytime.
BE IT FURTHER RESOLVED that the Board of County Commissioners
of Weld County, Colorado, reserves its right to alter or amend the
standards listed in paragraphs a through c above.
BE IT FURTHER RESOLVED that all Resolutions or policies
concerning the use of borrow pits along Weld County roads, as
originally set forth by the Board of County Commissioners of Weld
County, Colorado, are hereby repealed.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 12th day of
February , A.D. , 1986 .
�y�1 /� BOARD OF COUNTY COMMISSIONERS
ATTEST' � �(,GLtM WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board J• cque nso Chairman
v
:i. Lack',, s ':-Tem
eputy County erk �
APPROVED AS TO FORM: ene R. Brant 'er
C. W. Kirby
County Attorney Frank Ya
mag
860166
Kim Lawrence
ATTORNEY AT LAW
The Law Building
(303) 356-9160
1011 Eleventh Avenue
Greeley,Colorado 80631
January 17 , 1986
Mr. Lee Morrison liJg 4h'7"7�r,,
P.O. Box 1948 �I � 't.` '
Greeley, Colorado 80632
JAN171986
Re: Proposed Road and Bridge Policies
1/VEL0 CO
NTy
Dear Lee: ATTORNEY' US OFF ^e -
Following up our telephone conversation of January 16, 1986 this
letter includes my written comments about the proposed Road and
Bridge Policy No. 4. Use of County Barrows Pits Along Weld
County Roads for Irrigation Runoff and Other Uses . You advised
me that these written comments and concerns would be made
available to the commissioners for their consideration in
adopting the proposed policy.
1 . Certainly there are many areas in the county where the
use of barrow pits for the discharge of drain water and
irrigation tail water has been the practice for many years. In
many cases the county barrow pits have actually replaced any of
the natural drainage courses and this usually was first
accomplished with the construction of county roads which of
necessity crossed or filled in many small natural drainways. To
deny the use of the county barrow pits in these areas would be to
deny the landowners the right to drain water off their property.
Thus, the approval and consent of the county in the use of the
barrow pits recognizes the reality of the drainage situation in
many areas.
2 . The policy purports to allow the County Commissioners to
revoke any prior consent or new consent whether express or
implied at any time. I think there could be profound physical
and legal impacts should the commissioners adopt such a policy
and try to enforce it in any situation. To allow a landowner to
rely on the county barrow pit for drainage for a number of years
and then to remove the county ' s consent, and presumably require
the landowner to stop discharging water, may create an unbearable
burden on the landowner and may give rise to valid legal claims
that the practice could not be stopped. This is particularly
true where a landowner may construct drains to keep his property
free of unwanted water at considerable expense. If the county is
going to deny a landowner the right to drain waters into a county
barrow pit it should do so prior to the time the landowner
expends any funds and prior to the time the landowner comes to
rely upon the barrow pit for drainage. To the extent the county
has rediverted, blocked or done away with the natural drainage
course in the construction of county roads I think the county has
the obligation to allow landowners to discharge waters into the
county barrow pits.
3 . If subparagraph d. is going to be adopted as part of the
county policy I think it could use modification to more properly
state the Civil Law Rule Modified which is the drainage law
applicable in Colorado. Subparagraph d. should read:
That said persons shall not discharge water in
a manner or quantity causing more harm than it
formerly had done to adjacent or downstream
lands . Said persons shall not accelerate or
increase the volume of waters discharged
except where the increase would not tax the
barrow pit beyond its capacity. These
limitations on discharges of waters are not
applicable to the discharge of natural
precipitation, including snow melt, flooding
or other acts of God.
I believe this language is supported by the line of cases
addressing the Civil Law Rule Modified particularly Hoff v.
Ehrlich, Colo. , 511 P.2d 523 , 525 ( 1973) and Ambrosio
v. Perl-Mack, 143 Colo. 49 , 52, 55, 351 P.2d 803 ( 1960 ) .
Please advise me what action on this proposed policy is taken by
the Board of County Commissioners.
Sincerely,
kiSralotslha
Kim R. Lawrence
KRL/jeh
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